When attorneys on both sides of the recall efforts of Senate President John Morse and Sen. Angela Giron stand before the secretary of state’s office for hearings on the legal protests filed, a 2002 Colorado Court of Appeals case is likely to take center stage.

But Grueskin, who often represents Democrats, argues that all of the signatures should be nullified because organizers failed to use certain constitutional language as it pertains to recall elections. At its crux, Grueskin says the constitution clearly outlines that petitions must note the election of a successor to the recalled official.

In both legal protests, he alludes to Combs v. Nowak in which a committee submitted recall petitions in an effort to oust two aldermen and the mayor of Central City. The Appellate Court in that case nullified all of the valid signatures, because the committee failed to include a demand for “an election of the successor to the officer named in said petition,” as required by Article 21, Section 1 of the Colorado constitution.

Joey Bunch has been a reporter for 28 years, including the last 12 at The Denver Post. For various newspapers he has covered the environment, water issues, politics, civil rights, sports and the casino industry.